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Special Committee on Review of Spousal Maintenance Awards in Divorce Proceedings

Chair: Rep. Tony Staskunas
Vice Chair: Rep. Amy Sue Vruwink
Legislative Council Staff:  Don Salm, Margit Kelley, and Chadwick Brown
Member List 

he Special Committee is directed to study: (a) the purpose and goals of awarding maintenance; (b) making application of the maintenance considerations given in s. 767.56, Stats., more uniform and predictable; (c) whether the statutes should provide guidance to the courts relating to amount and duration of a maintenance award; (d) whether cohabitation should be considered when revising maintenance orders under s. 767.59, Stats.; and (e) whether marital fault should be considered when determining a maintenance award.

Report to the Legislature
Results of the Joint Legislative Council Meeting
Recommendation to the Joint Legislative Council - May 4, 2011 Meeting
 
  • Memo to Members of the Special Committee, Council Consideration of Committee Report (February 23, 2011).
  • Proposed Report to the Legislature, No. 2011-06, Legislation on Review of Spousal Maintenance Awards in Divorce Proceedings (February 18, 2011).
  • LRB-1401/1, relating to termination of maintenance upon the payee's or payer's death and notices relating to maintenance.
Results of the January 24, 2011 Mail Ballot
January 24, 2011 Mail Ballot
  • WLC: 0006/2, relating to amount and duration of maintenance awards.
  • WLC: 0007/2, relating to when a maintenance award may be granted and the duration of such an award.
  • WLC: 0015/2, relating to duration of maintenance awards.
  • WLC: 0031/1, relating to termination of maintenance upon the payee’s or payer’s death and notices relating to maintenance.
  • WLC: 0040/1, relating to providing notice in a summons in certain actions affecting the family describing a court’s authority to grant a maintenance award.
  • WLC: 0041/1, relating to prohibiting consideration of income of payee’s subsequent spouse, and permitting consideration of an inheritance received by a payee, for maintenance revision purposes.
  • WLC: 0083/1, relating to duration of maintenance awards.
  • WLC: 0084/1, relating to amount and duration of maintenance awards
  • WLC: 0085/1, relating to  amount and duration of maintenance awards
  • WLC: 0086/1, relating to  amount and duration of maintenance awards
  • WLC: 0093/1, relating to the effect of cohabitation on revision of a maintenance order in certain actions affecting the family.
December 8, 2010 Meeting
  • Memo No. 7, Summary List of Bill Drafts (December 2, 2010).
  • Bill drafts:
    • WLC: 0006/1, relating to.
    • WLC: 0007/1, relating to when a maintenance award may be granted and the duration of such an award.
    • WLC: 0015/1, relating to  amount and duration of maintenance awards.
    • WLC: 0016/1, relating to prohibiting certain individuals from receiving maintenance where there is evidence of domestic abuse.
    • WLC: 0030/1, relating to eliminating maintenance awards in actions affecting the family.
    • WLC: 0031/1, relating to termination of maintenance upon the payee’s or payer’s death and notices relating to maintenance.
    • WLC: 0039/1, relating to termination of maintenance upon cohabitation of the payee.
    • WLC: 0040/1, relating to providing notice in a summons in certain actions affecting the family describing a court’s authority to grant a maintenance award.
    • WLC: 0041/1, relating to prohibiting consideration of income of payee’s subsequent spouse, and permitting consideration of an inheritance received by a payee, for maintenance revision purposes.
  • Memorandum, submitted by Public Member Michael Bruch (December 7, 2010).
October 14, 2010 Meeting
  • Memo No. 3, Suggested Options, to Date, for Revising Wisconsin’s Spousal Maintenance Laws (October 7, 2010).
  • Memo No. 4, Brief Review of Wisconsin’s Laws Regarding Modification of Maintenance Awards and Calculating Child Support (October 7, 2010).
  • Memo No. 5, Background on History of No-Fault Divorce Law in Wisconsin (October 7, 2010).
  • Memo No. 6, Excerpts Regarding Studies Relating to Maintenance in Divorce Cases, Including Pro Se Divorce Cases (October 7, 2010).
August 24, 2010 Meeting
  • Memo No. 1, Current Wisconsin Law Relating to Spousal Maintenance (August 17, 2010).
  • Memo No. 2., Background on Law Relating to Maintenance Payments (Alimony; Spousal Support) in the United States; Overview of Maintenance Payment Laws and Proposals in the 50 States (August 17, 2010).
    • Enclosure 1, Alimony:  Proposed Amendments to Title 23 of the Pennsylvania Consolidated Statutes.
    • Enclosure 2, The New Art of Alimony.
    • Enclosure 3, excerpt:  Anti-Cohabitation Statutes in Other States.
  • Excerpt, relating to the history of divorce and spousal support law (maintenance law), Spousal Support Disorder:  An Overview of Problems in Current Alimony Law, from Florida State University Law Review, Vol. 33:501, pp. 503-513.
  • Chart, Family Law Quarterly, Volume 43, Number 4, p. 972 Winter 2010, indicating various factors (in the 50 states) that the court may or must take into account in determining maintenance awards.